RECORDS: POWER OF ENTRY

HC Deb 05 May 1983 vol 42 cc458-60

'(1) Any person duly authorised in writing by the Commission may at any reasonable time enter any land in England for the purpose of inspecting it with a view to obtaining inforrnation for inclusion in the Commission's records made under section 30(2) (d); and the following provisions of this section shall apply to any such power of entry. (2) The power includes power for any person entering any land in exercise of the power to take with him any assistance or equipment reasonably required for the purpose to which the entry relates and to do there anything reasonably necessary for carrying out the purpose. (3) The Comission may not authorise the power to be exercised in relation to any land unless they know or have reason to believe there is in, on or under the land an ancient monument or historic building; and in this subsection "ancient monument" and "historic building" have the meanings given by section 30(9). (4) A person may not in the exercise of the power—

1. (a) enter any building or part of a building occupied as a dwelling-house without the consent of the occupier;
2. (b) demand admission as of right to any land which is occupied unless prior notice of the intended entry has been given to the occupier not less than 24 hours before admission is demanded.

(5) A person seeking to enter any land in exercise of the power shall, if so required by or on behalf of the owner or occupier of the land, produce evidence of his authority before entering. (6) Where any works are being carried out on any land in relation to which the power is exercisable, a person acting in the exercise of the power shall comply with any reasonable requirements or conditions imposed by the person by whom the works are being carried out for the purpose of preventing interference with or delay to the works; but any requirements or conditions so imposed shall not be regarded as reasonable for the purposes of this subsection if compliance with them would in effect frustrate the exercise of the power or the purpose of the entry. (7) Any person who intentionally obstructs a person acting in the exercise of the power shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale (as defined in section 75 of the Criminal Justice Act 1982). (8) Where in the exercise of the power damage has been caused to land or chattels on land, any person interested in the land or chattels may recover compensation in respect of the damage from the Commission. (9) Any claim for compensation under subsection (8) shall be made within the time and in the manner prescribed by regulations made by the Secretary of State for that purpose; and the power to make regulations under this subsection shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament. (10) Any question of disputed compensation under subsection (7) shall be referred to and determined by the Lands Tribunal; and in relation to the determination of any such question sections 2(2) to (5) and 4 of the Land Compensation Act 1961 shall apply (construing the references in section 4 to the acquiring authority as references to the Commission).'.—[Mr. Macfarlane.]

Brought up, and read the First time.

The Under-Secretary of State for the Environment (Mr. Neil Macfarlane)

I beg to move, That the clause be read a Second time.

This new clause deals with the commission's power to enter land for purposes connected with its functions. The clause, which essentially gives the commission some of the powers currently enjoyed by the Secretary of State under the 1979 Act, enables it to enter land to inspect it and thus obtain important information to be included in any record that it may make under its general recording power in clause 30(2)(d). It may exercise this right only if it knows or has reason to believe that there is an ancient monument or historic building in, on, or under the land. The owner's rights are further protected by subsection (4) about obtaining the occupier's consent before entry; subsection (5) requiring proof of authority; subsection (6) about protecting and facilitating any works that happen to be in progress; and subsections (8), (9) and (10) about compensation for any damage caused. This is an appropriate and useful power for the commission, which complements its functions. That is important. The House will recognise that it will enable it, the commission, subject to the necessary safeguards, to fulfil a most important part of its duties.

Dr. David Clark

The new clause initially gave rise to some doubts, because we are conscious of the rights of individuals. Therefore, we examined it in great detail. I wish that we had had it a little earlier. It is right to have it, but the Government have been a little slow in bringing it forward, bearing in mind that the Bill has been in Committee. However, I see the need for having such a clause. Heritage is not a private conserve. Therefore, it is only right and proper for the future that recording is as complete and accurate as possible.

I hope that the Minister will reply to one other point. We have referred to the power of the commission, but what about the power of the Royal Commission on Historical Monuments for England which, in a sense, performs the same function when it comes to recording? I raise this matter because quite soon we shall discuss the possibility of integrating the Royal Commission on Historical Monuments for England with the commission. It would be useful if we knew what power the Royal Commission has in this respect.

7.15 pm

Mr. Cormack

In moving the new clause my hon. Friend said that it was appropriate and useful. It is more than that. It is essential. Like the hon. Member for South Shields (Dr. Clark), I am sorry that it has taken a little time to come, but I welcome it. I hope that my hon. Friend will reassure me that it will give the commission the opportunity to prevent what has happened in my constituency relating to an apparently undistinguished 18th century building. No one had a chance to go inside unless invited, because it was a private house. After planning permission for extensive alteration was given, it turned out that the house had some magnificent 18th century rooms. I take it that the new clause would enable the commission, should it suspect that any hidden gem is there, to investigate in due time and advise the local authority, so that, if planning consent is given, it is given at least in the full knowledge of what would be destroyed.

If my hon. Friend can give me an assurance about what I am sure is the effect of the new clause, I should be grateful, and so would many of my constituents who have been concerned about the Heath house, Wombourn. This is a valuable and essential new clause, and I welcome it.

Mr. Macfarlane

I understand and sympathise with the concern that my hon. Friend has expressed. Many people who have read of that problem in his constituency will be deeply concerned. I can give him the assurance that he is seeking. The commission will have such powers for purposes connected with its functions. That is an important dimension.

We shall discuss later the role of the Royal Commission on Historical Monuments for England, which we talked about at length in Committee. I should like to put the mind of the hon. Member for South Shields (Dr. Clark) at rest. The new clause has no effect on the Royal Commission's operation. Both bodies will have recording functions. The most important dimension is that we have incorporated this important power of entry into the Bill, although some hon. Members may feel that it is at the eleventh hour. The Bill has been worked out slowly in many ways, but we now have the right composition. I am certain that the new clause will add greatly to its powers.

Question put and agreed to.

Clause read a Second time, and added to the Bill.